Employee Contracts - When a company is taken over

trafficlight

Hi,

The company which i have been working for for about 5 years was taken over by another company about a year and a half ago.
Because of this they new company are issuing new contracts to the employees and have taken their time about it.
Long story short it is only now they have sent me a new contract to sign.
On the contract they have stated the commencement of employment date as now and have said that employment with a previous company does not count as continuous employment with the company.
Does anyone know if they can actually do that?? Its a concern down the road if for example there were redundancies as the previous length of service would not count.

Thanks

towger

https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/transfer_of_business.html#

Also google “TUPE”

blindsider

You should have received a new contract promptly.

https://www.workplacerelations.ie/en/news-media/workplace_relations_notices/employment-misc-provisions-act-2018.html

The provisions etc of the old contract apply until a new one is issued, but if you're working for a new legal entity, the company should issue a contract.

Your length of service (and all other provisions except pension) carries over from the previous company - this is basic and clearly stated in TUPE regs.

In fact, a solicitor might argue that, for a company to include false (your start date) information in the contract is a serious matter, and one of concern for both parties.

It is either misleading or incompetent. (The bigger and more established the company, the more is expected of them in this regard.)

I wouldn't go in 'all guns blazing' but I would politely mention that as the contract is important to you, that you will be getting advice before signing it.

Citizens Information and WRC are your friends - both will give advice and the WRC have a telephone helpline.

If you do consider going to a solicitor, you probably shouldn't need to...I would suggest finding one who specialises in Employment Law.

trafficlight

thanks for that information, appreciate it.
How long would you say they would you say we should have received the new contracts after take over.
Would you believe they also put in contract that there would be a 6 month probationary period even though im working there nearly 5 years.

Il be contacting WRC tomorrow for some general advice.

blindsider

trafficlight wrote: »

thanks for that information, appreciate it.
How long would you say they would you say we should have received the new contracts after take over.

I'm not sure re this, but the '5 day statement' part is surely relevant...?

I'm sure they were planning the business takeover for long enough...except for their 'most valuable asset'...their employees!

donkey balls

A crowd I worked for got taking over by another company who won the contract, We got Tupe across with our original start dates etc in the new contract.
The company you're working for is trying to pull a fast one, As they could just make you redundant with no redunacy pay by you and you're colleagues signing the contract.
This also happened to another lad I know who worked for a well known logistics/distribution , They had the option to move to the new company but would forego original start dates which meant loosing out on over 10+ years service.